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Same Sex Marriage And The Constitution

Author: Evan Gerstmann
Publisher: Cambridge University Press
ISBN: 1107174295
Size: 23.23 MB
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A clearly written and accessible explanation of the Supreme Court's same-sex marriage decision, its reasoning, and the consequences and controversies surrounding it.

Same Sex Marriage And The Constitution

Author: Evan Gerstmann
Publisher: Cambridge University Press
ISBN: 1316802760
Size: 54.43 MB
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In 2015 the Supreme Court made history by ruling that the constitution protects the right of same-sex couples to get married. The third edition of perhaps the most influential book on the subject explains the Court's reasoning and what the consequences of the decision have been. The book also explains why the Supreme Court declined to rule that a ban on same-sex marriage was irrational or hateful or that the ban was an indirect form of gender discrimination. Instead, the Court ruled that there is a fundamental constitutional right to marry that covers same-sex couples. The book discusses the dissent's claims that the decision will lead to constitutional protection for polygamy. It also covers the controversy over whether there should be special laws that allow religious business owners not to serve same-sex couples who are married. This book is free of jargon and is accessible to anyone interested in same-sex equality, the Supreme Court or constitutional law generally.

Same Sex Marriage And The Constitution

Author: Evan Gerstmann
Publisher: Cambridge University Press
ISBN: 113947071X
Size: 32.33 MB
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Following the widely reviewed success of the first edition, the updated and expanded second edition of Same-Sex Marriage and the Constitution argues that there is a long-standing constitutional protection of the right to marry that applies to same-sex couples. Balancing strong advocacy of this position with respectful engagement with those who oppose same-sex marriage, Evan Gerstmann concludes not only that the Constitution protects same-sex marriage but that it is the proper role of the courts to enforce this right. The book also takes on many of the same-sex marriage myths: that it will lead down that 'slippery slope' to such things as polygamy, that same-sex marriage has been a political albatross for liberals and progressives, and that courts are 'usurping' the democratic process. Without overheated rhetoric or legal jargon, Gerstmann makes the case for same-sex marriage as a constitutional guarantee.

Legally Wed

Author: Mark Philip Strasser
Publisher: Cornell University Press
ISBN: 9780801484292
Size: 66.82 MB
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"Strasser sets forth many strong legal and moral arguments for opposing the organized right-wing anti-gay anti-marriage campaign now raging state by state, a campaign designed to make this country a house divided in which targeted couples do not know whether they are married or not as they cross state borders. He blasts the election-year federal anti-marriage law that created a caste-system of marriage in America just to discriminate against lesbian and gay soon-to-be-weds. Any American uncomfortable with the idea of second-class citizens and second- class marriages will welcome the legal ammunition in this book."--Evan Wolfson, Director of the Marriage Project of the Lambda Legal Defense and Education Fund and co-counsel on Baehr v. Miike, the Hawaii marriage case "Strasser . . . analyzes the arguments against same-sex marriage one by one and concludes that none achieves legal credibility. He reviews the bars on marriage based on definition, procreation, custody, and protection of children and the debates centered on equal protection. Looking at the recently passed Defense of Marriage Act, he concludes that it may be unconstitutional. . . . This [book] is of great current relevance."--Library Journal In a new preface, Mark Strasser discusses recent developments in the legal battle over same-sex marriages in Hawaii. He anticipates the likely state- and nation-wide impact of the Hawaii Supreme Court's decision.

Same Sex Marriage And The Constitution

Author: Evan Gerstmann
Publisher: Cambridge University Press
ISBN: 1107174295
Size: 58.25 MB
Format: PDF, Kindle
View: 2588
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A clearly written and accessible explanation of the Supreme Court's same-sex marriage decision, its reasoning, and the consequences and controversies surrounding it.

Sex And The Constitution Sex Religion And Law From America S Origins To The Twenty First Century

Author: Geoffrey R. Stone
Publisher: Liveright Publishing
ISBN: 1631493655
Size: 46.27 MB
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There has never been a book like Sex and the Constitution, a one-volume history that chapter after chapter overturns popular shibboleths, while dramatically narrating the epic story of how sex came to be legislated in America. Beginning his volume in the ancient and medieval worlds, Geoffrey R. Stone demonstrates how the Founding Fathers, deeply influenced by their philosophical forebears, saw traditional Christianity as an impediment to the pursuit of happiness and to the quest for human progress. Acutely aware of the need to separate politics from the divisive forces of religion, the Founding Fathers crafted a constitution that expressed the fundamental values of the Enlightenment. Although the Second Great Awakening later came to define America through the lens of evangelical Christianity, nineteenth-century Americans continued to view sex as a matter of private concern, so much so that sexual expression and information about contraception circulated freely, abortions before “quickening” remained legal, and prosecutions for sodomy were almost nonexistent. The late nineteenth and early twentieth centuries reversed such tolerance, however, as charismatic spiritual leaders and barnstorming politicians rejected the values of our nation’s founders. Spurred on by Anthony Comstock, America’s most feared enforcer of morality, new laws were enacted banning pornography, contraception, and abortion, with Comstock proposing that the word “unclean” be branded on the foreheads of homosexuals. Women increasingly lost control of their bodies, and birth control advocates, like Margaret Sanger, were imprisoned for advocating their beliefs. In this new world, abortions were for the first time relegated to dank and dangerous back rooms. The twentieth century gradually saw the emergence of bitter divisions over issues of sexual “morality” and sexual freedom. Fiercely determined organizations and individuals on both the right and the left wrestled in the domains of politics, religion, public opinion, and the courts to win over the soul of the nation. With its stirring portrayals of Supreme Court justices, Sex and the Constitution reads like a dramatic gazette of the critical cases they decided, ranging from Griswold v. Connecticut (contraception), to Roe v. Wade (abortion), to Obergefell v. Hodges (gay marriage), with Stone providing vivid historical context to the decisions that have come to define who we are as a nation. Now, though, after the 2016 presidential election, we seem to have taken a huge step backward, with the progress of the last half century suddenly imperiled. No one can predict the extent to which constitutional decisions safeguarding our personal freedoms might soon be eroded, but Sex and the Constitution is more vital now than ever before.

On Same Sex Marriage Civil Unions And The Rule Of Law

Author: Mark Philip Strasser
Publisher: Greenwood Publishing Group
ISBN: 9780275977610
Size: 15.35 MB
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Strasser explains how the courts and commentators have reworked and significantly weakened a variety of constitutional protections in their attempts to establish that same-sex couples are not afforded constitutional protections.

From The Closet To The Altar

Author: Michael Klarman
Publisher: Oxford University Press
ISBN: 0199922101
Size: 38.44 MB
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"Bancroft Prize-winning historian and legal expert Michael Klarman here offers an illuminating and engaging account of modern litigation over same-sex marriage. After looking at the treatment of gays in the decades after World War II and the birth of themodern gay rights movement with the Stonewall Rebellion in 1969, Klarman describes the key legal cases involving gay marriage and the dramatic political backlashes they ignited. He examines the Hawaii Supreme Court's ruling in 1993, which sparked a vast political backlash--with more than 35 states and Congress enacting defense-of-marriage acts--and the Massachusetts decision in Goodridge in 2003, which inspired more than 25 states to adopt constitutional bans on same-sex marriage. Klarman traces this same pattern--court victory followed by dramatic backlash--through cases in Vermont, California, and Iowa, taking the story right up to the present. He also describes some of the collateral political damage caused by court decisions in favor of gay marriage--Iowa judges losing their jobs, Senator Majority Leader Tom Daschle losing his seat, and the possibly dispositive impact of gay marriage on the 2004 presidential election. But Klarman also notes several ways in which litigation has accelerated the coming of same-sex marriage: forcing people to discuss the issue, raising the hopes and expectations of gay activists, and making other reforms like civil unions seem more moderate by comparison. In the end, Klarman discusses how gay marriage is likely to evolvein the future, predicts how the U.S. Supreme Court might ultimately resolve the issue, and assesses the costs and benefits of activists' pursuing social reforms such as gay marriage through the courts"--

Gay Rights And The Constitution

Author: James Fleming
Publisher: Foundation Press
ISBN: 9781634602686
Size: 70.27 MB
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This is the first casebook designed for both liberal arts undergraduates and law students. Considerably shorter than other casebooks, it focuses on the controversies over constitutional interpretation leading up to the United States Supreme Court's holdings in Lawrence v. Texas (2003) and Obergefell v. Hodges (2015): namely, that the Constitution's commitments to liberty and equal protection encompass rights of same-sex intimate association and marriage. It also takes up emerging conflicts between protection of constitutional rights for gay men and lesbians, on the one hand, and First Amendment claims of freedom of association and religious liberty by persons who oppose protection of such rights, on the other. This book will be suitable as either the basic text of a one-semester course or as a supplementary text for courses in civil liberties.

Why Marriage Matters

Author: Evan Wolfson
Publisher: Simon and Schuster
ISBN: 9781416583226
Size: 66.47 MB
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Why Marriage Matters offers a compelling and clear discussion of a question at the forefront of our national consciousness. It is the work of a brilliant civil rights litigator who has dedicated his life to the protection of individuals' rights and our Constitution's commitment to equal justice under the law. Above all, it is a thoughtful, straightforward book that brings into sharp focus the human significance of the right to marry in America -- not just for some couples, but for all. Whatever your personal beliefs, we all can agree that marriage equality provokes both passion and tension, and looms large in our nation's politics. Marriage means many things to many people -- emotionally, spiritually, intellectually -- but in these pages, Evan Wolfson demonstrates a truth that is undeniable: Marriage is the legal gateway to a vast array of tangible and intangible protections, responsibilities, and benefits, most of which cannot be replicated in any other way. Wolfson is a formidable legal thinker who has participated in landmark cases to end race discrimination in jury trials, to secure the rights of battered married women, and to challenge the abuse of power at the highest level in government. Now, with extraordinary clarity, fascinating stories, and legal and historical examples, he addresses the questions we as Americans are asking ourselves as we consider how marriage equality will affect our lives. Why is the word marriage so important? What are the stakes for America in this civil rights movement? How can people of different faiths reconcile their beliefs with the idea of marriage for same-sex couples? How will allowing gay couples to marry affect children? Here you will find thorough, honest answers -- some that may surprise you, some that will persuade you, many that will move you. Wolfson recalls the history of past battles over marriage and movements for equality, and articulates the everyday acts of discrimination that frame this current movement -- acts of discrimination that, if faced by non-gay Americans, would provoke a resounding cry of injustice. Marriage matters because it is a foundation upon which most Americans build dreams. It is the cornerstone of commitment one individual makes to another -- a commitment we are taught is the highest expression of love, dedication, and responsibility. In this, the most powerful, authoritative, and fairly articulated book on the subject, Wolfson demonstrates why the right to marry is important -- indeed necessary -- for all couples and for America's promise of equality.